Bar Bulletin

Bar Bulletin

Supreme Court Defines ‘New’ WLAD Retaliation Claim

January 2018 Bar Bulletin


By Gene Barton

Answering a certified question — and one of first impression — from U.S. District Court (Eastern District) Judge Justin L. Quackenbush, a unanimous Washington Supreme Court on November 9 held that “RCW 49.60.210(1) create[s] a cause of action for job applicants who claim a prospective employer refused to hire them in retaliation for prior opposition to discrimination (by) a different employer.”1

In short, if an employer discriminates against an employee, and that employee opposes the employer’s discriminatory practices, the Court held that it is a violation of the Washington Law Against Discrimination (WLAD), RCW ch. 49.60, for a different, prospective employer to refuse...

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